Legal Definitions - going to the country

The historical legal phrase going to the country referred to the act of formally requesting a trial by jury. In earlier legal systems, when a party in a lawsuit wanted a jury to decide the facts of their case, they would use specific language in their court documents to indicate they were "putting themselves upon the country" or asking for the matter to be "enquired of by the country." Here, "the country" symbolically represented the local community from which a jury would be selected to hear the evidence and render a verdict, rather than having a judge decide the facts alone.

Here are some examples illustrating this historical concept:

• Imagine a dispute in 18th-century England between two landowners, Mr. Davies and Mr. Evans, over the exact boundary of their properties. Mr. Davies claims a certain stream marks the boundary, while Mr. Evans insists it's a line of ancient oak trees. When Mr. Evans files his formal response to Mr. Davies's lawsuit, he concludes his pleading with a phrase indicating he wishes for a jury of local citizens to hear the evidence, examine the land, and decide where the true boundary lies. This act of formally requesting a jury to resolve the factual dispute would have been described as Mr. Evans "going to the country."

• Consider a situation in a colonial American court where a blacksmith, Mr. Miller, is accused of assault by a local merchant. Mr. Miller vehemently denies striking the merchant and believes the merchant is fabricating the story due to a business rivalry. When it comes to the legal proceedings, Mr. Miller's lawyer would formally state in court documents that Mr. Miller "puts himself upon the country," signifying his demand for a jury of his peers to hear the testimony from both sides and determine whether he is guilty or innocent, rather than leaving the decision solely to the judge.

• In a 19th-century American town, Mrs. Thompson sues Mr. Henderson for an unpaid debt related to goods purchased from her general store. Mr. Henderson claims he already paid a portion of the debt and disputes the total amount Mrs. Thompson is demanding. In her formal complaint, Mrs. Thompson's legal representative would include language indicating that she "prays may be enquired of by the country," thereby requesting that a jury be empaneled to review the ledgers, hear witness testimony, and ultimately decide the precise amount, if any, that Mr. Henderson still owes.